Social media offers a treasure trove of information and evidence — all of which can deeply impact divorce proceedings. Although quite a common form of communication these days, social media posts and responses should be highly limited or controlled during divorce proceedings.

Take a closer look at how your social media use can impact your divorce in Maryland.

Social Media Activity Can Be Used as Evidence

In Maryland, family law proceedings settle matters with evidence. Lawyers from both sides of a divorce meticulously search through any reasonable source for the evidence their clients need to settle important affairs — and social media can serve as this evidence.

Character

As of October 1, 2023, Maryland is a no-fault divorce state, meaning there need be no fault-based allegations to justify a divorce. However, the character of each spouse is still relevant to decisions relating to the division of property, spousal support (alimony), and child custody.

Photos and posts that demonstrate poor or questionable character will likely be used against you, especially if you are involved in a contested or highly contested divorce.

Division of Property

Division of marital property decisions can be highly influenced by social media posts. A lawyer may present photos or videos that characterize your financial situation as other than what you claim.

In many cases, they are taken out of context and do not truly reflect a party’s financial situation. In any case, these posts can do more damage than good.

Child Custody

Judges seek to protect the best interests of the child in child custody matters. Part of their decision involves evaluating parental behavior. Unfortunately for some parents, social media photos and videos can be used against them in child custody proceedings.

Spousal Support

Spousal support can affect your finances for years to come, whether you’re the receiver or provider. It’s important that you get a favorable support ruling. Certain types of social media posts, however, can hurt your case.

As with property division, evidence on social media can heavily influence a judge’s decisions in these matters. A photo out of its context can sabotage an advantageous spousal award.

Using Social Media During a Divorce

An all-out ban on social media during a divorce may be a good idea for some but may go too far for many. In every case, discretion and a few key tips can help.

Limit Your Audience

One way to make your social media use safe during a divorce is by limiting your audience. Most platforms will allow you to permit only certain parties to view your content. For each of the platforms you use, go through your settings to ensure that your privacy settings are not set to public and are adjusted according to your desires.

Don’t Assume Privacy

Even if you have your accounts set to appropriate privacy settings, you should never assume that your postings will be 100% private. Remember that other users may share your posts or the information they contain with others quite easily. Additionally, your post, while private on your page, may show up on another user’s page for all to see.

For example, if you post a photo on certain platforms and tag or identify five people in the photo, that photo may show up on the profile pages of the tagged individuals. Hence, you should never assume that anything you post will ever remain behind closed doors.

Think About Your Case

Ultimately, you should have the expectation that what you post will always be vulnerable to exposure. As such, a guiding force in what you end up posting should be your divorce case. Thinking about your case every time you are about to post or interact on social media can help you avoid compromising posts or activity.

Depending on the circumstances, the following types of posts may end up being controversial:

  • Photos of alcohol consumption
  • Photos of drug consumption
  • Photos indicating adultery
  • Commentary relating to violence
  • Flirting or sexual commentary to others outside of the marriage
  • Posts complaining about being a parent or raising children
  • Negative posts about the judge
  • Comments or photos that contradict divorce testimony and evidence

To determine whether a post should be made, you may want to employ a balancing test that weighs the benefit of the post versus the damage it could do in your divorce. Consulting with your lawyer on post appropriateness can also be helpful. Your lawyer can spot any potential red flags and advise accordingly.

Blattner Family Law Group: Standing With You

If you are facing a divorce, the compassionate team at Blattner Family Law Group can stand by your side and fight to protect your interests. Divorce is a tough time, but there is a light at the end of the tunnel. Our family law attorneys work hard to get you there.

You deserve quality representation and hope for the future. For a free family law consultation, contact Blattner Family Law Group today.